Patna High Court
Manoj PandaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that bail may be granted to the petitioner on furnishing a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Manoj Panda, was in judicial custody for alleged offences under Sections 304B, 341, 323 and 504/34 of the Indian Penal Code relating to a dowry‑death murder case. His earlier bail application had been rejected, but he argued that he had been detained since February 2024, had no prior criminal record, and that the medical officer had not recorded the cause of death. The State opposed bail, insisting that only the informant should be examined. The court noted the petitioner’s prolonged pre‑trial detention, lack of antecedents, and his undertaking to appear diligently, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to several conditions regarding appearance, police attendance, non‑interference with witnesses and refraining from further offences. The bail order was made subject to the satisfaction of the Additional District & Sessions Judge‑II, Banka.
Issues considered
- Whether bail should be granted to an accused facing serious charges of dowry death and murder under the IPC.
- Whether the length of pre‑trial detention without trial justifies the grant of bail.
- Whether the absence of a medical cause of death record impacts the bail decision.
- Whether imposing conditions on bail is appropriate in this circumstance.
Legislation cited
- Indian Penal Code — s. 304B, 323, 34, 341, 504
Subjects
- bail
- dowry death
- Indian Penal Code
- pre‑trial detention
- criminal procedure
- conditions of bail
- Section 304B
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86984 of 2025
Arising Out of PS. Case No.-9 Year-2024 Thana- BANDHUWA KURAWA District- Banka
======================================================
Manoj Panda Son of Durga Panda Resident of Village- Palar, P.S.- Bandhuwa
Kurawa, Distt.- Banka
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 01-05-2026 Heard the parties.
2. The petitioner is in judicial custody in connection
with Session Trial No. 336 of 2024, arising out of Bandhua
Kurawa P.S. Case No. 09 of 2024, for the offences punishable
under Sections 304(B), 341, 323, 504/34 of the Indian Penal
Code, lodged on 04.02.2024 by the informant, Gajo Devi.
3. As per the prosecution case, the informant alleged
that the deceased was married to this petitioner but was tortured
for dowry and on the fateful day, they committed murder.
Accordingly, the FIR. Though, a number of persons were made
accused by the informant, the police after investigation found
the allegation against the family members to be involved in
view of the fact that the petitioner was in the same room where
the dead body of the lady was found.
4. Earlier, the bail application of the petitioner was
rejected on 26.11.2024 in Cr. Misc. No. 50362 of 2024.
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5. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 19.02.2024, if
granted relief shall be diligently appearing in the trial. Further,
he has no criminal antecedent. The fact remains that even the
Medical Officer, during deposition has not recorded the cause of
death.
6. Learned APP for the State on the other hand
opposes the prayer and submits that only the informant is to be
examine for which non-bailable warrant has been issued.
7. Considering the submissions of the parties, as also
the facts that has been incorporated above, the petitioner remain
in custody for more than two years, has no criminal antecedent,
an undertaking has been given that he shall be diligently appear
in the trial.
8. In that background, let the petitioner be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of like amount each to the satisfaction of
learned Additional District & Sessions Judge-II, Banka, in
connection with Session Trial No. 336 of 2024, arising out of
Bandhua Kurawa P.S. Case No. 09 of 2024, subject to the
following conditions:
(i) one of the bailor should be the family member
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/relative of the petitioner who shall provide official document
(Aadhaar Card/Voter ID Card/Pan Card/Driving License) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the
concerned Police Station every month for six months to mark
his attendance and after the end of the period, the certificate
shall be submitted before the trial court failing which steps shall
be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ranjeet/-
U T
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